G.R. No. 154704; June 1, 2011
NELLIE VDA. DE FORMOSO, et al., Petitioners, vs. PHILIPPINE NATIONAL BANK, et al., Respondents.

FACTS

Petitioners Nellie Vda. de Formoso, her children, and Primitivo Malcaba filed a Complaint for Specific Performance against Philippine National Bank (PNB) before the Regional Trial Court (RTC) of Vigan, Ilocos Sur. The RTC ruled in favor of the petitioners but denied their claims for exemplary damages, attorney’s fees, and interest for lack of evidence. The petitioners subsequently filed a Petition for Relief from Judgment with the RTC, which was denied. They then filed a petition for certiorari before the Court of Appeals (CA) challenging the RTC’s denial of their Petition for Relief. The CA dismissed the petition because the verification and certification of non-forum shopping attached to the petition was signed by only one of the petitioners, Primitivo Malcaba, without any showing that he was authorized to sign for the others.

ISSUE

Whether the Court of Appeals correctly dismissed the petition for certiorari on the ground that the verification and certification of non-forum shopping was signed by only one of the multiple petitioners.

RULING

Yes, the Court of Appeals correctly dismissed the petition. The Supreme Court ruled that the requirement for a certification of non-forum shopping is mandatory. Under prevailing jurisprudence, when there are multiple petitioners, all must sign the certification unless one is authorized by the others to sign on their behalf. The signature of only one petitioner, Primitivo Malcaba, was insufficient, and there was no showing he was empowered to act for the rest. The Court emphasized that the rule must be strictly observed, as certiorari is an extraordinary remedy, and substantial compliance does not suffice. The policy of liberal construction cannot be invoked to justify an utter disregard of the rules. The petition was therefore properly dismissed for non-compliance with procedural requirements.